RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02646
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid for the leave he accrued at the time of discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive any pay for his accrued leave upon his
discharge from active duty.
In support of his request, the applicant provides a copy of his
DD Form 214, Report of Separation from Active Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 24 Aug 75, the applicant was discharged from the Air Force.
His DD Form 214, Block 27, Remarks, reflects Leave balance not
available at time of separation.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The applicants DD Form 214,
Block 22, Days Accrued Leave Paid, reflects he did not receive
pay for accrued leave; however, the amount of leave he had
prior to separation was not annotated on his DD Form 214.
DPSIM states they were unable to determine how much leave the
applicant had prior to his separation or how much money he was
entitled to.
The complete DPSIM evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 7 Mar 14, for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and careful
consideration of the applicant's contentions, we are not
persuaded that he has been the victim of an error or injustice.
Although the applicant's contends that he did not receive any
pay for his accrued leave, he has not provided sufficient
evidence to show that he was entitled to the pay he is
requesting. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary
responsibility and adopt its rationale as basis for our
conclusion that the applicant has not been the victim of an
error or injustice. Absent persuasive evidence that he was
denied rights to which he was entitled, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered BC-2013-02646 in
Executive Session on 24 Apr 14, under the provisions of AFI 36-
2603:
Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02646 was considered:
Exhibit A. DD Form 149, dated 16 May 13, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 12 Feb 14.
Exhibit C. Letter, SAF/MRBR, dated 7 Mar 14
Chair
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